2025 - 2026 LEGISLATURE
LRB-2040/1
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2025 ASSEMBLY BILL 84
February 28, 2025 - Introduced by Representatives ALLEN, PENTERMAN, BEHNKE,
BRILL, DITTRICH, GOODWIN, KREIBICH, MAXEY, MURSAU, PIWOWARCZYK,
SHEEHAN, SUBECK and WICHGERS, cosponsored by Senators JACQUE and
WANGGAARD. Referred to Committee on Criminal Justice and Public Safety.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 20.455 (2) (hd) and 48.48 (19); to create 20.437 (1) (hf),
814.75 (28), 814.76 (21), 944.35 and 973.05 (2m) (fr) of the statutes; relating
to: prostitution crime surcharge and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, the court must impose certain surcharges on a defendant
who has been found guilty of a criminal offense. The surcharges are in addition to
any applicable fines, costs, and fees. For instance, the court must impose a crime
victim and witness assistance surcharge in an amount of $67 for each conviction of
a misdemeanor count and in an amount of $92 for each conviction of a felony count.
The surcharge amounts collected reimburse counties for services provided to
victims and witnesses of crimes.
This bill creates a $5,000 surcharge to be imposed on persons who are
convicted of patronizing or soliciting prostitutes, pandering, keeping a place of
prostitution, soliciting a child for prostitution, or patronizing a child. Under the
bill, the surcharge amounts collected are used for treatment and services for sex-
trafficking victims and for criminal investigative operations and law enforcement
relating to Internet crimes against children.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
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SECTION 1
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 20.437 (1) (hf) of the statutes is created to read:
20.437 (1) (hf) Sex-trafficking victim services. All moneys received from the
prostitution crime surcharge as authorized under s. 944.35, for treatment and
services for sex-trafficking victims under s. 48.48 (19).
SECTION 2. 20.455 (2) (hd) of the statutes is amended to read:
20.455 (2) (hd) Internet crimes against children. All moneys transferred
under par. (Lp), 2017 Wisconsin Act 59, section 9228 (1p), and 2019 Wisconsin Act
9, section 9227 (1), shall be credited to this appropriation account and all moneys
received from the prostitution crime surcharge as authorized under s. 944.35, for
criminal investigative operations and law enforcement relating to Internet crimes
against children, prosecution of Internet crimes against children, and activities of
state and local Internet crimes against children task forces.
SECTION 3. 48.48 (19) of the statutes is amended to read:
48.48 (19) To purchase or provide treatment and services for children who are
the victims of trafficking, as defined in s. 940.302 (1) (d), for purposes of a
commercial sex act, as defined in s. 940.302 (1) (a). Within the availability of
funding under s. 20.437 (1) (e) and (hf), the department shall ensure that that
treatment and those services are available to children in all geographic areas of the
state, including both urban and rural communities.
SECTION 4. 814.75 (28) of the statutes is created to read:
814.75 (28) The prostitution crime surcharge under s. 944.35.
SECTION 5. 814.76 (21) of the statutes is created to read:
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SECTION 5
814.76 (21) The prostitution crime surcharge under s. 944.35.
SECTION 6. 944.35 of the statutes is created to read:
944.35 Prostitution crime surcharge. (1) If a court imposes a sentence or
places a person on probation for a violation of s. 944.31, 944.32, 944.33, 944.34,
948.08, or 948.081, the court shall impose under ch. 814 a prostitution crime
surcharge of $5,000.
(2) The clerk of the circuit court shall collect and transmit to the county
treasurer under s. 59.40 (2) (m) the amount of the surcharge. The county treasurer
shall then pay the secretary of administration as provided in s. 59.25 (3) (f) 2. The
secretary of administration shall deposit all amounts received under this
subsection in the general fund, half of which is to be credited to the appropriation
account under s. 20.437 (1) (hf) and half of which is to be credited to the
appropriation account under s. 20.455 (2) (hd).
SECTION 7. 973.05 (2m) (fr) of the statutes is created to read:
973.05 (2m) (fr) To payment of the prostitution crime surcharge until paid in
full.
SECTION 8. Initial applicability.
(1) This act first applies to offenses committed on the effective date of this
subsection.
(END)
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